506 




REPORT 



OF 



J. P. SIDDALL, 



DRAFT COMMISSIOSER. 



/ 



REPORT 



OF 



J. P. SIDDALL, 



■J^i^-DRAFT COMMISSIOJiEK. 



S J 



?4-7 



2.000 COPIES ORDERED TO BE PRINTED. 



INDIANAPOLIS: 
JOSEPH J. BINGHAM, STATE PRINTER 

18G3. 



REPORT 



OF THE 



DRAFT COMMISSIONER. 



General Commissioner's Office, 

Indianapolis, December 26, 1862. 

Oliver P. Morton, 

Governor of Indiana: 

^ I submit the following report as Draft Commissioner of this 
State : 

On the 9th of August the following dispatch was received from 
the Secretary of War: "Your quota of the 300,000 militia is 
21,250." And on the 10th, the following: " Your quota of the first 
call for volnteers would be the same." Thus the number required 
of Indiana, under the two calls, was 42,500. By the 20th of Sep- 
tember, both of these calls had been filled by volunteers, except 
^ 6,060, for which number it became necessary to draft. In assign- 
ing the quota of each township, credit was allowed for all volun- 
teers previously furnished. Under this arrangement 635 townships 
had furnished the number required of them, leaving the deficiency 
to be supplied by the remaining 334 townships. All the townships 
in the following counties had supplied their entire quota: Brown, 
Clay, Crawford, Daviess, Jennings, Lawrence, Newton, Parke, 
Perry, Scott, Spencer, Switzerland, Vermillion, Warren, and 
White. 

The draft assignment extended to seventy-seven counties, but 
the deficiency in eighteen of them was supplied before the draft 
was made. The quota of each township was assigned on the 20th 



of September, and the privilege of supplying the deficit in each 
township extended up to the day of draft. Many townships availed 
themselves of this privilege, and the deficiency of 6,060 was reduced 
before the draft, by volunteers, to 3,003, which was the number 
drafted. The draft took place on the 6th of October, but, in order 
to allow the persens drafted the opportunity to vote at the fall 
election, they were not required to report themselves at their respec- 
tive county seats until the day after the election. At the time 
fixed, the drafted men, with few exceptions, were on hand. Con- 
ceding the fact that a draft is obnoxious to the people of Indiana, 
this prompt submission is conclusive evidence of the strong and 
well fixed regard for law of the people of Indiana. The draft was 
attended with no disturbance, except in the county of Blackford, 
where a few lawless persons, by violence, prevented it taking 
place; but such measures were adopted that it took place in that 
county, without any attempt at interruption, on the third day 
afterward. 

The enrollment of the militia was the first ever made in the 
State. It gives us the actual military strength, not only of the 
State, but of every county and township. It also shows the num- 
ber of volunteers furnished by each township. The enrollment 
furnishes the following general results: 

Total militia enrolled j 209,216 

Total volunteers 100,277 

Total exempts from physical causes 32,869 

Total exempts from conscientious opposition to bearing 

arms 3,169 

Total volunteers in service 93,041 

Total subject to draft 173,178 

The total militia does not include volunteers in service, and to 
get the actual total of militia belonging to the State, we add the 
two together, making 302,257, and if we deduct from this the two ■ 
classes of exempts, 36,038, we have 266,219 as the actual number 
belonging to the State, subject to military duty. Of this number 
93,041 are already in the service, leaving 173,178 liable to draft. 

I have prepared a table showing the result of the enrollment in 
each county, which is filed herewith and made a part of this report, 
and which, as a statistical table, I regard as valuable and interest- 
ing to every citizen of the State. The reports of the Enrolling 



Commissioners for each county I have caused to be properly 
arranged and bound, and they constitute a permanent and valuable 
addition to the statistics of our State. 

It is proper that I should make a statement in regard to the 
conscientious exempts. 

Section 6, of article 12, of our State Constitution, provides that 
"No person, conscientiously opposed to bearing arms, shall be com- 
pelled to do militia duty; but such person shall pay an equivalent 
for exemption, the amount to be prescribed by law." Our Legis- 
lature has omitted to prescribe any amount for the equivalent, or 
to enact any regulations for its collection. Section 1 of the Act 
of Congress of July 17, 1862, authorizes the Secretary of War, 
where there is no State law, or where the State law is deficient, to 
adopt such rules and regulations, in regard to calling out the militia, 
as he may deem best. By virtue of this Act, the Secretary of 
"War fixed the equivalent for exemption at $200. Those who 
claimed the benefit of the constitutional provision, and established 
their claims before the Commissioners of their respective counties, 
numbered 3,169, as is shown by the reports of the Commissioners. 
Each Commissioner was "enjoined to look carefully into all such 
claims, and to see that the exemption was not extended beyond 
what was contemplated by the Constitution." 

It having been thus established that they were "conscientiously 
opposed to bearing arms," they were exempt from the performance 
of militia duty, and were not subject to draft. But as this 
exemption is, by the Constitution, to be followed by the payment 
of an equivalent, and that equivalent having been fixed by the 
War Department at f 200, I directed its collection. A portion of 
the religious society known as Orthodox Friends, objected to 
its collection on two grounds: First, that no equivalent should be 
required; Second, that if the equivalent were required, the mode 
adopted was not equitable. As I was unable to see the force of 
the objection, they appealed from my action in the premises to 
yourself, and to the War Department. In explanation of the 
course pursued by me toward this class, I drew up a statement of 
the mode adopted, and the reason for its adoption, which was sub- 
mitted, with the written objections of the remonstrants, to yourself, 
and also to the War Department. That statement I herewith file, 
and make a part of this report. I have since had a consultation, 
at Washington, with the Assistant Adjutant General, who had the 
immediate charge of the draft, in relation to the enforcement of 



the collection of the equivalent. After a mature examination of 
the whole matter, he doubts the authority of the war power to 
enforce payment, deeming it a matter more appropriately belong- 
ing to State legislation. This conclusion of the War Department, 
and the absence of State legislation, make it impossible for me to 
act further in the premises. I had previously received, by volun- 
tary payments, about ^21,000, on equivalents, from members of 
the religious society known as Dunkers. 

When I accepted the office of General Commissioner, the whole 
subject of the draft was new to me, as it was to all who have been 
connected with it. To make it operate equitably, and to avoid all 
injustice to any one, has been my constant aim. The task has 
been one of much labor and difficulty, but it has been discharged 
to the best of my ability. The officers connected with the draft, 
in the different counties, have generally performed their duties faith- 
fully and well. Where any errors were committed and reported to 
me, either by the Commissioner or the injured party, they were 
promptly rectified. If any cause of complaint exists on the part 
of any one, where the power to remove the cause was vested in me, 
I have no knowledge of the fact. 

J. P. SIDDALL, 

General Commissioner. 



r> o c xj M E :rsr T s 



RELATING TO 



THE DRAFT. 



GENERAL ORDERS. 



General Order, ^ State of Indiana, 

> General Commissioner's Office, 

No. 1. ) . Indianapolis, August 21 , 1862. 

1. The time for the completion of the enrollment lists by the 
Commissioners, and of the meeting of the Board to determine 
exemptions from draft, is hereby extended to the 1st day of 
September next. 

2. The time for making the draft is postponed to the 15th of 
September, at which time it will be made as heretofore ordered. 

3. Notices of the meeting of the Board must be given by the 
Commissioners in the manner previously ordered. 

4. The Constitution of our State provides that "no person 
conscientiously opposed to bearing arms shall be compelled to do 
militia duty; but such person shall pay an equivalent for exemp- 
tion." In pursuance of this provision, all members in good stand- 
ing, of any religious denomination, who make opposition to bearing 
arms an article of faith, are exempt from militia duty, upon the 
payment of such sum as shall be hereafter fixed. 

By order of O. P. Morton, 

Governor. 



J. P. SIDDALL, 

General Commissioner. 



J. J. Hayden, 

Secretary. 



10 

General Order, J State of Indiana, 

> General Commissioner's Office, 

No. 3. ) Indianapolis, August 23, 1862. 

A-S the Constitution provides that "no person conscientiously 
opposed to bearing arms shall be compelled to do militia duty," 
and further provides that " such person shall pay an equivalent for 
exemption," the following regulations are adopted to carry out said 
provisions: 

1. The Board to determine exemption shall treat such persons 
as exempt, and shall enter upon the enrollment list the cause ojf 
exemption. 

2. In determining who are embraced within the provision referred 
to, the fact that a person is a member, in good standing, of any 
religious denomination who make opposition to bearing arms an 
article of faith, may be regarded as prima facie evidence of being 
entitled to such exemption, but this is not to be conclusive; other 
evidence is admissible in such cases, as well as in those where per- 
sons are not members of such denominations. The Board is 
enjoined to look carefully into all such claims, and see that the 
exemption is not extended beyond what is contemplated by the 
Constitution. 

3. At the time fixed for making the draft, ballots containing the 
names of all persons exempted by the Board, under the provisions 
above cited, shall be placed in a separate box, and ballots shall be 
drawn therefrom in the manner provided in section o, of General 
Orders, No. 73. The names of residents of each township shall 
be placed in the box and drawn from separately, as in other cases. 
The number or ratio to be drawn in each township will be fur- 
nished. The persons so drawn shall each pay to the Marshal a 
sum to be hereafter fixed, as an equivalent for such exemption, and 
on failure to pay said sum, the Marshal shall distrain and levy 
upon and sell the property and effects of such delinquent, in the 
manner provided for sales upon executions at law, but without 
regard to appraisement or exemption laws. 

By order of O. P. Morton, 

Governor. 

' J. P. SIDDALL, 

General Commissioner. 



11 

State of Indiana, 
General Commissioner's Office, 

Indianapolis, August 26, 1862. 

To secure throughout the State some uniformity in the inspection 
of drafted men, who apply for certificates of exemption, it will be 
understood that while much is left, necessarily, to the good judg- 
ment of the Examining Surgeon, slight defects, which might be 
sufficient for the rejection of recruits for a long period of time, 
shall not exempt • from draft. Able-bodied, effective men, such as 
would honestly be accepted as volunteers, after a careful inspection, 
shall not be exempt on account of immaterial defects. 

As hints of what shall not exempt, the following are given : 

1. Loss or imperfect vision of left eye. 

2. Partial loss of front teeth. 

3. Slight or infrequent attacks of hemorrhoids. 

4. Slight deformities of limbs, with unimpaired motion. 

5. Loss of last joint of one or two fingers of left hand, or of one 
finger of the right hand, other than the forefinger. 

6 Slight varicose veins, below the knee, or slight varicocele. 

The following are causes for exemption: 

1. Loss or imperfect vision of right eye. 

2. Loss of all the front teeth, and enough of the molars to 
render mastication imperfect. 

3. Large or frequent attacks of hemoiThoids, or chronic diarrhea. 

4. Deformities which impair free motion of limbs. 

5. Loss of more than one finger of right, or more than two 
fingers of left hand. 

6. Large varicose veins above the knee. 

6. Large or irreducible hernia. Cases of reducible hernia are 
left to the sound discretion of the Surgeon, under the general 
principles herein stated. 

8. All organic or functional diseases causing marked debility — . 
heart diseases, epilepsy, or organic disease of lungs — will be causes 
of exemption. 

It is believed that general principles of the above character 
should be the guides for Examining Surgeons, the aim being to 
secure effective men, and, at the same time, not to excuse those 
fitted for the service, on trivial or insufficient grounds. 

By order of the Governor. 

J. P. SIDDALL, 

General Commissioner. 



12 

General Order, ^ State of Indiana, 

y General Commissioner's Office, 

No. 4. ) Indianapolis, August 28, 1862. 

1. Every white male, of foreign birth, of the age of twenty-one 
years and up to forty-five years, who shall have resided in the 
United States one year, and shall have resided in this State six 
months immediately previous to enrollment, and shall have declared 
his intention to become a citizen of the United States, conformably 
to the laws of the United States on the subject of naturalization, 
should be enrolled by the Commissioners. 

2. All persons of foreign birth, between the ages of eighteen 
and forty-five years, who have exercised the right of sufi'rage in 
this State, should be enrolled. 

By order of O. P. Morton, 

Governor. 

J. P. SIDDALL, 

General Commissioner. 



General Order, ^ State of Indiana, 

> General Commissioner's Office, 

No. 6. ) Indianapolis, September 17, 1862. 

The time for drafting was fixed, in a previous order, for the loth 
instant. At the time that order was issued, it was not doubted that 
all necessary arrangements for the draft would be completed before 
the time mentioned. It is now ascertained that the time required 
for the Enrolling Commissioners of the several counties to perform 
their labors, was under-estimated. The townships in the State 
number over one thousand, and the quota of each is to be assigned 
here, but nothing could be done toward making the necessary com- 
putations until returns from the Commissioners were all received. 
The returns are now all in, and the quotas of the several townships 
in each county will be forwarded to the Enrolling Commissioners 
of the several counties before the close of the present week, if pos- 
sible. Each township will thus be enabled to ascertain its defi- 
.ciency, and if that is supplied by volunteers before the day fixed 



13 

for the draft, then no draft will be made in that township; and if 
the deficiency is only partly supplied by volunteers, then the draft 
will only be made for the residue. The name, residence, and num- 
ber of the regiment of each volunteer, should be promptly reported 
to the Enrolling Commissioner for his county, who is directed to 
keep a list of such volunteers, embracing all those who have enlisted 
from each township in his county, since his report to this office, 
and up to the day fixed for the draft. 

According to data furnished by the General Government, the 
number to be yet supplied by Indiana, to relieve her from a draft, 
is about six thousand. 

This number, when distributed among the townships of the 
ninety-two counties in the State, may be readily raised by volun- 
teers, and the draft wholly avoided. Indiana has in the field and 
in camp over ninety thousand volunteers, and after having thus 
liberally and promptly responded to the calls made upon her by the 
General Government, it is confidently believed that no resort to a 
draft will be necessary to raise the small number yet required to 
fill the complement. 

Let each township immediately devote a few days earnestly to 
the work of raising volunteers, and the desired result will be 
attained. To facilitate such eflbrts, volunteers will be received for 
twelve months, instead of three years as heretofore. The draft 
will take place on the 6th of October next, in every township in 
which any deficiency exists at that time. 

Commissioners are enjoined to give prompt notice of this order, 
and also of the quota, when furnished, in each township in their 
respective counties. The lists of volunteers required to be kept by 
the Commissioners under this order, will be forwarded to this office 
when completed, so that the original enrollment lists returned here 
may be corrected, and thus be ready for use in case of any future 
call by the Government. 

In addition to the six thousand volunteers required to avoid a 
draft, six thousand more volunteers, for twelve months, will be 
accepted from the State at large. 

Passes to leave the State are no longer required, and none will 
hereafter be issued. 



By order of the Governor. 



J. P. SIDDALL, 

General Commissioner. 



THE MILITIA OF INDIANA. 



General Commissioner's Office, 

Indianapolis, September 19, 1862. 

The following table is based on the returns of the Enrolling 
Commissioners for this State. It is confined to counties, the town- 
ships numbering over one thousand, being too numerous for general 
publication. The first column shows the total militia enrolled — by 
deducting from it tlie third and fourth columns, we have the sixth 
column, which shows the number subject to draft. The second 
column contains the whole number of volunteers from the State, 
whether in or out of the service; by deducting from this column 
those who have withdrawn from the army we have the fifth column, 
which shows the number of those now in the service, and also 
those who have died in the service. 

J. P. SIDDALL, 

General Commissioner. 



15 



TABULAR Statement of the Indiana Militia. 



COUNTIES. 



Adams 

Allen 

Bartholomew . 

Benton 

Blackford 

Boone 

Brown 

Carroll 

Cass 

Clark 

Clay 

Clinton 

Crawford 

Daviess 

Dearborn 

Decatur 

Dekalh 

Delaware 

Dubois 

Elkhart , 

Kayette 

Floyd , 

Fountain 

Franklin 

Fulton 

Gibson 

Grant 

Greene 

Hamilton 

Hancock 

Harrison 

Hendricks 

Henry 

Howard 

Huntington. .. 

Jackson 

Jasper 

Jay 

Jefferson 

Jennings 

Johnson 

Knox 

Kosciusko 

La,;;raiige 

Lake 

Laporte 

Lawrence 

Madison 

Marion 

Marshall 

Martin 

Miami 

Monroe 

Montgomery.. . 

Morgan 

Newton 

Noble 

Ohio 

Orange 

Owen 

Parke 

Perrv , 

Pike". 

Porter 

Po.sey 

Pulaski 

Putnam 



1105 
5361 
2753 
515 

675 
2711 

858 
237S 
2728 
27S2 
1665 
2240 
1110 
1830 
3252 
2884 
2347 
2524 
1491 
3483 
16(^1 
3329 
2514 
2705 
1481 
1932 
2409 
1867 
2769 
1919 
25,84 
2443 
3258 
2001 
2544 
2330 
556 
1733 
2778 
2007 
2515 
2519 
3018 
2047 
1541 
3943 
1732 
2904 
7785 
2303 
1008 
2844 
1?28 
3553 
2224 
461 
2578 
796 
1453 
1968 
2389 
1030 
1386 
1901 
2441 
957 
2934 



507 
1404 

15!»2 

262 

170 
11.34 

502 

977 
1328 
1688 
1099 
1031 

868 
1237 
1753 
1353 

758 
1126 

718 
1461 

633 
1120 
1024 
10.54 

670 
1430 

9:18 

1432 

1186 

918 

1195 

LS52 

1263 

890 

798 

1607 

439 

649 

2011 

1611 

1010 

1322 

1268 

750 

650 

1663 

1500 

]li;6 

2675 

715 

821 

1065 

1039 

1250 

1232 

278 

973 

387 

1023 

1111 

1266 

1254 

993 

909 

1343 

494 

1336 



290 
551 
301 
47 
78 
i297 
163 
427 
305 
485 
358 
318 
232 
227 
345 
432 
240 
308 
1G2 
482 
186 
440 
254 
412 
324 
3CG 
212 
294 
271 
206 
488 
506 
493 
306 
504 

24i; 

73 
192 
5C5 
325 
294 
549 
519 
420 
314 

■ 631 
358 
420 

1091 
367 
113 
405 
298 
620 
435 
95 
468 
133 
313 
414 
623 
173 
229 
303 
429 
101 
690 



^o^ 



19 

235 



250 

47 

1 

150 

113 

211 

47 

1 



118 

3 

41 

93 

37 

1 

19 

9 

110 



>a 



496 

1361 

1594 

24!) 

156 

1171 

486 

903 

1257 

1612 

1053 

962 

823 

1128 

1528 

888 

73] 

982 

690 

1347 

560 

1067 

1002 

977 

660 

1350 

786 

1381 

1070 

828 

1139 

1271 

1088 

837 

751 

1519 

422 

621 

1826 

1488 

945 

1322 

1165 

653 

625 

15(54 

1500 

1090 

2412 

630 

765 

996 

840 

1204 

1188 

245 

926 

299 

992 

1084 

1218 

1225 

891 

837 

1276 

467 

1256 



728 
4773 
2418 

468 

597 
2354 

693 
1871 
2413 
2297 
1307 
1870 

887 
160S 
2907 
2451 
2105 
2197 
1257 
2766 
1495 
2884 
2259 
2293 
1155 
1566 
2078 
1565 
2248 
1666 
2095 
1787 
2652 
1484 
1993 
2082 

483 
1535 
2275 
1665 
2251 
1970 
2414 
1536 
1227 
3297 
1374 
2463 
6021 
1871 
895 
2321 
1527 
2892 
lf;96 
364 
2073 
6U2 
1121 
1545 
1656 
1457 
1157 
1597 
2012 
856 
2244 



16 
TAB ULAR Statement of the Indiana Militia — Continued. 



68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 
85 
86 
87 



Randolph . . ■ ■ 

Ripley 

Rush 

Scott 

Shelby 

Spencer 

Starke 

Steuben 

St. Joseph... 

Sullivan 

Switzerland. . 
Tippecanoe . . 

Tipton 

Union 

Vanderburgh 
Vermillion. . . 

Vigo 

Wabash 

Warren 

Warrick 

Washinoiton. . 

Wavne 

Weils 

White 

AVhitley 



2672 
2583 
2692 

876 
3286 
2127 

413 
1816 
3061 
2267 
1730 
4747 
1263 
1188 
3.')36 
1386 
3551 
2730 
1420 
2085 
2352 
4519 
1589 
VX\~ 
1828 



Total 209 216 



1303 

1378 

914 

650 

1233 

1337 

117 

687 

1127 

1098 

1052 

23T9 

642 

381 

1641 

951 

19'J3 

1229 

1180 

994 

1339 

2041 

614 

751 

556 



260 
241 
344 
203 
424 
428 
121 
410 
348 
506 
304 
6.i9 
259 
169 
401 
285 
600 
230 
231 
567 
493 
680 
200 
258 
180 













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COITNTIES. 




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3 
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Z, 




H 


H 


H 


H 


H 


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35 

266 
12 
20 
45 



100,277 



32,869 



3,169 



1182 
1244 
825 
641 
973 
1337 
92 
648 
91)5 
1(167 
991 
2047 
0(13 
246 
1550 
932 
1815 
1145 
118(1 
016 
1272 
1893 
5s9 
700 
513 



2281 
2342 
2262 

673 
2860 
1699 

296 
1406 
2659 
1761 
1426 
4055 

991 
1007 
3135 
1106 
2951 
2412 
1189 
1518 
1824 
3573 
1377 
10.59 
1597 



93,041 



173,178 



DRAFT ASSIGNMENT 



TO THE 



YIRIOUS TOWNSHIPS OF THE STATE. 



State of Indiana, 
General Commissioner's Office, 

Indianapolis, September 20, 1862. 

The following table shows the number to be drafted in three 
hundred and thirty-four townships in the State. Six hundred, and 
thirty -five townships have furnished their full quota; these are not 
named in the table. 

The following fifteen counties have supplied their entire quota: 
Brown, Clay, Crawford, Daviess, Jennings, Lawrence, Newton, 
Parke, Perry, Scott, Spencer, Switzerland, Vermillion, Warren, and 
White. 

J. P. SIDDALL, 

General Commissioner. 



ADAMS COUNTY. 

Preble 13 

Kirkland 3 

French 13 

Hartford 8 

Total 37 

ALLEN COUNTY. 

Wayne 368 

Washington 8 

Springfield 2 

St. Joseph 23 

Perry 31 

Madison 28 

Marion 46 

D. C. R.— 2 



Maumee 5 

Milan 16 

Lake 21 

Jefferson 19 

Adams 17 

Pleasant 5 

Scipio 4 

Jackson 4 

Total 597 

BARTHOLOMEW COUNTY. 

Union 11 

Clay 2 

Harrison 10 

Rock Creek 1 

Total 24 



18 



BENTON COUNTY. 

Prairie 8 

BLACKFORD COUNTY. 

Licking 11 

Washington 38 

Harrison 3 

Jackson 28 

Total 80 

BOONE COUNTY. 

Jefferson 25 

Union 10 

Eagle 18 

Perry 6 

Jackson 59 

Worth 27 

Total 145 

CARROLL COUNTY. 

Jackson 1 

Madison 4 

Carrolton 7 

Washington 21 

Rock Creek 3 

Burlington 18 

Clay 11 

Jefferson 8 

Total 73 

CASS COUNTY. 

Boone 13 

Harrison 2 

Jefferson 21 

Adams 9 

Washington 25 

Tipton 24 

Deer Creek 23 

Total 117 



CLARK COUNTY. 

Silver Creek 10 

CLINTON COUNTY. 

Washington. 8 

Madison 26 

Ross 13 

Kirklin 7 

Owen 17 

Total 71 

DEARBORN COUNTY. 

Harrison 22 

Logan 22 

Kelso 44 

Jackson 14 

Caesar Creek 6 

Total 108 

DECATUR COUNTY. 

Sand Creek 8 

Marion 37 

Total 45 

DEKALB COUNTY. 

Butler 22 

Jackson 15 

Wilmington 6 

Union 17 

Richland 33 

Fairfield 48 

Smithfield 30 

Franklin 34 

Troy 13 

Total 218 



19 



DELAAVARE COUNTY. 

Mt. Pleasant 8 

Union 2 

Perry 5 

Delaware 9 

Total 24 

DUBOIS COUNTY. 

Patoka 6 

Ferdinand 61 

Total 67 

ELKHART COUNTY. 

Clinton 12 

Benton 6 

Jackson 28 

Harrison 47 

Baugo 6 

Union 24 

Locke 5 

Total 128 

FAYETTE COUNTY. 

Cotniersville 6 

Orange 1 

Harrison 5 

Posey 27 

Waterloo 18 

Fairview 13 

Total. 70 

FLOYD COUNTY. 

New Albany 229 

Lafayette 24 

Total 253 



FOUNTAIN COUNTY. 

Jackson 47 

Mill Creek 5 

Fulton 4 

Cain 26 

Van Buren 13 

Richland 41 

Total 136 

FRANKLIN COUNTY. 

Springfield. ; 14 

Bath 15 

Whitewater 26 

Highland 58 

Ray 62 

Butler 21 

Total 196 

FULTON COUNTY. 

Aubbeenaubbee 17 

Richland 8 

Henry 3 

Total 25 

GIBSON COUNTY. 

Johnson 3 

GRANT COUNTY. 

Van Buren 30 

Washington 20 

Pleasant 20 

Richland 12 

Monroe 5 

Jefi'erson 16 

Fairmont 17 

Liberty 8 

Total 128 



20 



GREENE COUNTY. 

Cass 8 

HAMILTON COUNTY. 

Delaware 12 

Jackson 35 

Total ; 47 

HANCOCK COUNTY. 

Blue River ! . . 1 

Brown 8 

Greene 5 

Jackson 12 

Total 26 

HARRISON COUNTY. 

Posey 20 

Franklin 19 

Webster 1 

Total 40 

HENDRICKS COUNTY. 

Eel River 23 

Union 9 

Total 32 

HENRY COUNTY. 

Dudley 16 

Liberty 65 

Greenboro 1 

Prairie 17 

Stony Creek 21 

Jeflerson 7 

Blue River 33 

Total 160 



HOWARD COUNTY. 

Centre 18 

Monroe 1 

Howard 5 

Total 24 

HUNTINGTON COUNTY. 

Clear Creek 16 

Warren 17 

Huntington 52 

Rock Creek 16 

Lancaster 15 

Wayne . . . 12 

Jefferson 20 

Total 148 

JACKSON COUNTY. 

Washington 8 

Hamilton 9 

Total 17 

JAY COUNTY. 

Richland 27 

Knox 13 

Jefferson 23 

Greene 12 

Bear Creek 7 

Noble 21 

Total 103 

VANDERBURGH COUNTY. 

Scott 19 

Armstrong 19 

German 43 

Total 81 

VIGO COUNTY. 

Linton 17 



21 



WABASH COUNTY. 

Chester 

Lagro 

Pleasant 

Total 



WARRICK COUNTY. 



Owen 
Lane. 



12 

29 

6 

47 



Total. 



WAYNE COUNTY. 



Abington 
Boston . . 
Dalton . . 
Jefferson . 
Perry . . . 



Washington 



Total 

JASPER COUNTY. 

Kankakee 

JEFFERSON COUNTY. 

Graham 

JOHNSON COUNTY. 



15 
10 

2 
16 

5 
16 

64 



Nineveh .... 
Blue River. . 
Hensley .... 

Clarke 

Pleasant. . . . 

Union 

White River 



Total 156 



KOSCIUSKO COUNTY. 



Jackson 

Turkey Creek 



16 

25 



10 



19 || 

4 :i 

27 •: 

3 I' 

9 !| 

33 'I 

61 ! 



Van Buren 9 

Seward 7 

Franklin 23 

Harrison 7 

Prairie 19 

Jefferson 2 

Scott 3 

Total Ill 

KNOX COUNTY. 

Johnson 13 

LAGRANGE COUNTY. 

Van Buren 22 

Eden 9 

Clear Spring 8 

Milford 7 

Total 46 

LAKE COUNTY. 

North 19 

St. Johns 32 

Hanover 40 

Total 91 

LAPORTE COUNTY. 

Wills. 3 

Pleasant 10 

Union 20 

Clinton 19 

Cass 11 

Dewey 7 

Total 7 

MADISON COUNTY. 

Adams 5 

Jackson 12 

Union 2 

Richland 22 

Lafayette 19 

Pipe Creek 28 



Monroe 38 

Van Buren 14 

Boone . . . 27 

Duck Creek 10 

Total 177 

MARION COUNTY. 

Center 239 

Pike 9 

Lawrence 33 

Total 281 

MARSHALL COUNTY. 

Union 7 

Center 53 

Greene 2 

Bourbon 8 

German 37 

North 22 

Polk 12 

West 10 

Total 151 

MARTIN COUNTY. 

McCameron 10 

MIAMI COUNTY. 

Jefferson 2 

Perry 29 

Union 13 

Richland 10 

Washington '11 

Clay 24 

Harrison 9 

Total 98 

MONROE COUNTY. 

Benton 1 

Salt Creek 4 

Polk 12 



Clear Creek 3 

Indian Creek 2 

Total 22 

MONTGOMERY COUNTY. 

Wayne 25 

Ripfey 16 

Scott 8 

Union 10 

Franklin. 23 

Walnut 35 

Clarke 33 

Total 150 

MORGAN COUNTY. 

Jackson 13 

Greene 7 

Madison 6 

Total 26 

NOBLE COUNTY. 

Washington 10 

Sparta , 10 

Greene 6 

Jefferson 8 

Wayne 21 

Allen 11 

Albion 4 

Total 70 

OHIO COUNTY. 

Cass 15 

ORANGE COUNTY. 

Jackson 1^ 

Greenfield 5 

Total 20 

OWEN COUNTY. 

Marion 10 



23 



PIKE COUNTY. 

Lockhart 

PORTER COUNTY. 

Portage 

Porter 

Boone 

Pine 

Total 

POSEY COUNTY. 

Robinson , 

PULASKI COUNTY. 

Tippecanoe 

Rich Grove , 

Franklin. 

Total . 

• PUTNAM COUNTY. 

Jackson 

Franklin 

Floyd 

Total 

RANDOLPH COUNTY. 

Greensfork 

Nettle Creek 

Jackson 

Total 

RIPLEY COUNTY. 

Adams 

Laughrey 

Total 



11 



2 

12 

2 

3 

.19 



84 



16 



19 
33 

9 

61 



19 

8 
19 

46 



RUSH COUNTY. 

Posey 18 

Walker 24 

Anderson 2 

Rushville 3 

Jackson 20 

Centre 30 

Washington 19 

Union 34 

Total 150 

SHELBY COUNTY. 

Jackson 20 

Noble 32 

Liberty 28 

Hendricks 22 

Union 19 

Moral 20 

Total 141 

STARKE COUNTY. 



North Bend 11 

Oregon 5 

Railroad 6 



Total 22 

STEUBEN COUNTY. 

Jamestown 6 

Fremont 13 

Clear Lake 4 

Salem 20 

Steuben 5 

Otsego 14 

Total 62 



ST. JOSEPH COUNTY. 



18 II Olive . . . 

27 II Warren. 

— I , German. 

46 ii Clay... 



17 
9 

10 
2 



24 



Centre 28 

Greene 7 

Union 20 

Liberty 11 

Madison 39 

Total 143 

SULLIVAN COUNTY. 

Cass 8 

Jefferson 6 

Total 14 

TIPPECANOE COUNTY. 

Wayne 4 

Wabash 3 

Total 7 

TIPTON COUNTY. 

Wild Cat 10 

UNION COUNTY. 

Union 9 

Harmony 3 

Liberty 28 

Brownsville 25 

Harrison 19 

Total 84 



WASHINGTON COUNTY. 

Polk... 4 

Pierce 16> 

Total 20 

WELLS COUNTY. 

Jackson 18 

Chester 19 

Liberty 2 

Rock Creek 6 

Union 17 

Nottingham 28 

Harrison 19 

Total 109 

WHITLEY COUNTY. 

Richland 6 

Troy 9 

Washington 38 

Columbia 18 

Jeflferson 34, 

Union 5 

Smith 9 

Thome Creek 34 

Total 153 



NSTRUGTIONS TO MARSHALS. 



State of Indiana, 
General Commissioner's Office, 

Indianapolis, October 9, 1862. 

To the Marshal of County : 

In the order in regard to collecting the $200 of the conscientious, 
no time is fixed for collection. I do not now fix any time, leaving 
it to your reasonable discretion. While it is desirable to have the 
money as soon as convenient, it is not designed to oppress or dis- 
tress any one. When a man is not able to pay the amomit, or if 
the payment would strip him of his household goods, or necessary 
tools in his trade, or those things necessary for his support, the 
collection is not enjoined. The former order is modified to this 
extent. The word " exemption " should be omitted, so as to allow 
every person to hold the amount allowed by our exemption laws. 
If a person has not more property than is exempt by law, you will 
simply return his name as being unable to pay. 

J. P. SIDDALL, 

General Commissioner. 



CONSCIENTIOUS EXEMPTS. 



General Commissioner's Office, 

Indianapolis, October 10, 1862. 
Oliver P. Morton, 

Governor of Indiana: ' 

Some complaints have been made to this ofTice by the class 
known as the "Conscientious Exempts," ;is to the manner in which 
it was ascertained who are to pay the required equivalent. As I 
have been unable to see the justness of the complaint, they have 
appealed to you. To aid you in determining the points involved, 
1 deem it proper to state the mode adopted, and the reasons for its 
adoption. 

Our State Constitution exempts this class of persons from mili- 
tary service, but provides that they shall pay an equivalent. The 
provision is as follows: "No person conscientiously opposed to 
bearing arms, shall be compelled to do militia duty ; but such 
person shall pay an equivalent for exemption." If eiTor has been 
committed in the mode adopted, it consists in not requiring every 
person so exempt to pay the equivalent, instead of forty per 
cent, of that number. It is contended, by a number of good 
lawyer^, that the spirit and language of the Constitution requires 
that all persons claiming the benefit of this provision, should pay 
the sum fixed by the Secretary of War by virtue of an Act of 
Congress. I thought, however, the mode adopted more equitable, 
and within the spirit of the Constitution. The Constitution 
declares that " The militia shall consist of all able-bodied white 
male persons, between the ages of eighteen and forty-five years, 
except such as may be exempted by the laws of the United States 
or of this State." The same. Constitution exempts the conscien- 
tious, they, therefore, form no part of the State militia, and were 
not counted as such in fixing the quota of any township. Their 
names can not be placed in the box among those subject to draft, 



27 

because they are exempt by an express constitutional provision* 
Their exemption is not dependent on payment of the equivalent, 
but is complete prior to such payment, leaving the equivalent to 
be collected subsequently. 

If the payment had been made a condition precedent to the 
exemption, then their names would have been placed in the ballot 
box with others subject to draft; and on being drawn they would 
have been released only on payment of the sum fixed. But, as 
they were already exempt, this could not be done, and it was only 
left to mark them all as exempt on our books and provide for the 
payment of an equivalent. 

In the absence of the constitutional provision, their names 
would have been all placed in the ballot box and drawn the same 
as others. As they were exempt, they were deducied from the 
militia of each townshij). 

If the able-bodied men of a township, between the ages of 
eighteen and forty-five, numbered twelve hundred, and four hi.m- 
dred of that number were conscientious exempts, the township was 
only charged with eight hundred militia, and its quota based on 
that number. If the whole twelve hundred were treated as militia, 
it would have to furnish four hundred and eighty soldiers, being 
forty per cent., but, as the four hundred conscientious exempts are 
deducted, the township only has to furnish three hundred and 
twenty men, being one hundred and sixty less than its proper 
proportion. 

If the militia of the township, either by volunteers or draft, fur- 
nish the three hundred and twenty men, then the township has 
raised its quota and is released from further draft. 

Is it to be claimed that this releases the township from making 
compensation for the remaining one hundred and sixty men? They 
are still due from it, and have not been furnished. They are con- 
scientious exempts and can not be compelled to go; they are, 
therefore, required to pay an equivalent. It requires the three 
hundred and twenty drafted men or volunteers, and the payment 
of an equivalent by the one hundred and sixty conscientious 
exempts, to cover the whole proportion of the township, four 
hundred and eighty men. 

It can not be claimed, therefore, that because a township has 
filled its quota of drafts or volunteers that it has performed its 
whole duty. The fighting men of the township have paid the 
charge against them and nothing more, leaving the equivalent for 



'28 

the four hundred conscientious able-bodied exempts wholly unpaid. 
For this reason two quotas were assigned to the township, one 
requiring three hundred and twenty men, being forty per cent, of 
of the militia to be furnished for the war, the other requiring one 
hundred and sixty men, being forty per cent, of the conscientious, 
to each pay an equivalent. The two united make four hundred 
and eighty men, or forty per cent, of the twelve hundred able- 
bodied men in the township. It is to be noticed that the three 
thousand one hundred and sixty-nine conscientious exen)pts are all 
able-bodied men between the ages of eighteen and forty-five years, 
and would constitute a part of the militia of the State, and be 
subject to be called into service, were it not that they are exempt 
on the ground of conscience. If any one of them is not able- 
bodied, he would be excused from the service on the ground of 
physical disability, and would be placed in that list of exemptions, 
and have no equivalent to pay. 

The conscientious exemption list is composed exclusively of 
those exempted on that ground alone. By the deduction of the 
whole number of such exempts from the total enrollment, the 
burden to be borne by the militia of the State would be increased 
unless that deduction was met by an equivalent. The general 
ratio of the State would be necessarily enlarged. The number 
raised by draft will probably fall one thousand below what was 
anticipated, on account of allowing credits to townships for volun- 
teers sent previous to the enrollment, but whose names were not 
obtained and entered by the Commissioners. This deficit can be 
properly supplied by paying the two hundred dollars equivalents 
of the conscientious exempts to an equal number of volunteers. 
There are probably one thousand of such drafted exempts able to 
.pay the equivalent. Thus the able-bodied man, who is exempt 
from military duty on conscientious grounds, furnishes the means 
by which another is induced to go, and the militia of the State is 
relieved from an unequal burden. As the conscientious exempt can 
not volunteer, or induce others to volunteer — as he can not be 
drafted or aid any drafted man in procuring a substitute — as he 
can not contribute money to war purposes — as his conscience for- 
bids hirn to render any active aid to any war — the Constitution 
requires some compensation for these exemptions. If the State is 
to be deprived of the active support of three thousand one hundred 
and sixty-nine able-bodied citizens in a great contest like this, some 
equivalent is required. The equivalent fixed by the War Depart- 



29 

ment is two hundred dollars. In determining who shall pay this 
sum, the whole number of soldiers required from this State, in pro- 
portion to the whole number of militia, was ascertained and found 
to be forty per cent. As the conscientious exempts have sent no 
volunteers to the war, they are not credited with any, and forty per 
cent, of them have been drafted and are required to pay two hun 
dred dollars each. In case a township has furnished no volun- 
teers, forty per cent, of the militia of that township is drafted. 
If volunteers have been furnished, the township is credited with 
them, and if the whole number has been provided there is no draft. 
If volunteers are furnished, they are of the militia, and are furn- 
ished by the militia. Conscientious exempts have not volunteered, 
neither can they furnish volunteers. They have nothing to do with 
furnishing the military quota of a township; they are to furnish 
the equivalent to be paid by that township. By claiming exemp- 
tion, they voluntarily place themselves out of the militia, and 
assume the payment of an equivalent. 

We have, then, two classes recognized by the Constitution — the 
militia and the conscientious exempts. Each class has its own 
special duties to perform; the first to perform or furnish military 
duty; the latter to pay the equivalent. If one class performs its 
duty, that does not exonerate the other class. If the exempts pay 
their equivalents that does not release the militia from the perform- 
ance of its duty, which is to raise whatever soldiers may be 
required; or, if the militia meets the demands of the General 
Government, that does not excuse the payment of compensation by 
exempts. Or, if the militia voluntarily contrilaute money to aid 
the Government, that does not release it from its peculiar duty of 
furnishing the necessary number of soldiers; or, if a conscientious 
exempt should contribute any thing to the war, that could not 
release him from his voluntary obligation to pay the equivalent. 
K either class does more than is required, the excess, above legal 
duty, must be credited to patriotism, and not claimed as an exemp- 
tion from constitutional obligation. 

I have tried to do justice to the three thousand one hundred 
and sixty-nine conscientious, without infringing on the rights of the 
two hundred and seventy-three thousand citizens of Indiana who 
are on the militia roll, and who are either in the service or liable at 
any time to l)e called on to perform miliiary duty. 

It is said that some exempts have sons in the army, if this be 
so, it does not affect the argument. The son is not conscien- 



30 

tiously opposed to war, or he would not be in the army. He is a 
fighting man and belongs to the militia and is enrolled in it, and 
thus increases the number of its quota. His name is not on the 
conscientious list, and therefore he is not counted in assessing the 
quota of that class. He is simply discharging his own duty to the 
Government as one of the militia, and whether he has one relation 
or fifty relations, it makes no difference, their duties are not dis- 
charged by his enlistment. It has occurred that two, and even four 
personts, have been drafted out of one family, yet the remaining 
meml)ers of that family are not relieved from militia duty. The 
Government regards every man able to do duty, as personally 
liable to do that duty, and he is not released from his obligation, 
because some relative has been called upon to perform his own part. 

There are about one thousand two hundred and fifty drafted con- 
scientious men in the State, who are required to pay two hundred 
dollars each, if able to pay it, if not able they are released from 
service without payment. Probably one thousand of those drafted 
are able to pay the sum required. I am confident I could procure 
the names of a larger number of those subject to draft, who have 
each voluntarily contributed more than two hundred dollars to 
war purposes, yet they are still liable to the draft. If any one 
thinks two hundred dollars is more than an equivalent for ex- 
emption, let him ascertain the present price of substitutes, and he 
will be satisfied on that point. K the Government would permit 
all persons to be exempted on the payment of two hundred 
dollars each, thousands would avail themselves of the privilege. 

Having thus explained the mode adopted, and the reasons there- 
for, I submit the whole matter for your consideration. 

J. P. SIDDALL, 

General Commissioner. 



APPEAL TO THE GOVERNOR, 



State of Indiana, 
General Commissioner's Office, 

Indianapolis, October 29, 1862. 

A portion of the class known as Conscientious Exempts having 
appealed from the action of the General Commissioner in relation 
to them to the Governor, all further action against them, by the 
Marshals of the several counties, will be suspended until the appeal 
is disposed of. As soon as decided, further instructions will be 
furnished. 

By order of the Governor, 

J. P. SIDDALL, 

General Commissioner, 



LIBRARY OF CONGRESS 




